minutes city council 08-06-13

7/29/2019 MINUTES City Council 08-06-13

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MINUTESREGULAR CITY COUNCIL MEETINGCITY OF CARMEL-BY-THE-SEAAugust 6, 2013

I. CALL TO ORDER

II.

The regular meeting of the City Council of the City of Carmel-by-the-Sea, California, washeld on the above date at the stated hour of 4:34 p.m. Vice Mayor Talmage called themeeting to order.

PRESENT: Council Members Beach, Hillyard, Theis & Vice Mayor TalmageABSENT: Mayor BurnettSTAFF PRESENT: Jason Stilwell, City Administrator

Heidi Burch, Asst. City Administrator/City ClerkMike Calhoun, Public Safety DirectorSharon Friedrichsen, Director ofPublic ServicesMarc Wiener, Interim Senior PlannerIII. PLEDGE OF ALLEGIANCE

Council Member Theis led the Council and audience in the Pledge ofAllegiance.IV. EXTRAORDINARY BUSINESS

A. Employee Recognition: Pete PoitrasCity Administrator Stilwell indicated that ChiefCalhoun would be making thepresentation.

B. Community Recognition: Jean WhiteVice Mayor Talmage presented the Certificate of Community recogmtwn; andintroduced the three co-chairs of the City's 100111 Birthday Anniversary, BarbaraLivingston, Sue McCloud and Merv Sutton. The event is to be held in October 2016,

V. ANNOUNCEMENTS FROM CLOSED SESSION, FROM COUNCIL MEMBERSAND THE CITY ADMINISTRATORA. Announcements from Closed Session.

There were no announcements from Closed Session.B. Announcements from City Council members

Vice Mayor Talmage informed the audience that there are a number of streetimprovement projects that will take place this fiscal year and next and that people in


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the community need to be aware of where this work is going to take place due topotential traffic impacts.Council Member Beach made brief remarks with respect to measure D funds as theyrelate to the street improvement projects.Council Member Hillyard spoke about the timeliness of the responses to the publicrecords requests and requested that he would like to see the last three months ofpublic records requests submitted and their respective status.

C. Announcements from City Administrator.1. Community Planning & Building Director recruitment update

City Administrator Stilwell summarized the recruitment process for theCommunity Planning and Building Director providing specific detail relative tothe elements of the recruiting steps. He stated that Rob Mullane had been chosenfor the position and will be starting on August, 26, 2013.The City Administrator also provided a brief recap regarding the PG&E workshopthat took place on Monday, August 5, 2013.

D. Report from City TreasurerCity Treasurer Emery presented the report highlighting the following main points:1) Role of the City Treasurer; 2) Goals of Investment Decisions; 3) InvestmentPolicies; 4) Cash Flow Management; 5) Available Investments (LAIF & CD's);6) Current Investment Environment; and 7) A Summary of the City' s FinancialAssets.

VI. PUBLIC APPEARANCESVice Mayor Talmage opened the meeting to public comment at: 5:10p.m.Darby Mossworth requested that the City Council put on the agenda a Resolution for anamendment to the United States Constitution to undo the Supreme Court's Citizens UnitedDecision of three years ago.Melissa Heighful student at Carmel Middle School spoke in support of restoring the northDunes to their native state.Lizette Martinez, student at CSUMB, spoke regarding La Playa workers.Jonathan Sapp, member of the Del Mar Task Force spoke about the North Dunes.Sandhya Kohler, Founder of the Rice Plus Project, requested that her organization beallowed to use the Vista Room once a month with the user fees waived.Mary Liskin, also spoke on the subject of the protection of the North Dunes.


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Leonard O'Neill, restaurant employee union representative spoke about La Playa workers.Vice Mayor Talmage, seeing no additional comments, closed the public comment at 5:28p.m.City Administrator Stilwell spoke about the update of the Forest Plan and Beach Plan aswell as the annual goal-setting process, which takes place every year at the beginning ofthe year.

VII. CONSENT CALENDAR

A. Ratified the minutes for the regular meeting ofJuly 2, 2013.B. Ratified the bills paid for the period of June 16th- June 1301\ 2013.C. Received Monthly Fire and Ambulance reports.D. Received Monthly Code Compliance update.E. Considered a Resolution updating the fee schedule for the Regional DevelopmentImpact Fees.F. Considered a Resolution authorizing the City of Carmel-by-the-Sea to enter into anautomatic aid and mutual aid agreement with American Medical Response (AMR) toprovide ambulance and emergency medical services outside each agency' srespective designated response areas.G. Considered a Resolution rescinding Resolution No. 2012-78; and adopting

Resolution modifying the regular meeting schedule of the City Council for 2013.H. Considered a Resolution approving a special event permit for the Carmel-by-theGlass event at Devendorf Park on Thursday, September 12, 2013, between the hours

of 5:00 -8:00 p.m.I. Considered a Resolution authorizing the establishment of a cooperative purchasingagreement with the County of San Luis Obispo for a stencil paint truck; awarding apurchase agreement to Mullahey Ford for the purchase of a stencil paint truck in anamount not to exceed $94,000; and declaring the existing paint truck as surplusproperty.J. Received and filed an update on the Waste Management Franchise Agreementscorecard.K. Considered a Resolution authorizing the City Administrator to execute aProfessional Services Agreement with Government Staffing Services, Inc.,(MuniTemps) for City Clerk consulting services in an amount not to exceed $25,000.


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L. Considered a Resolution authorizing the purchase of radios for the Public ServicesDepartment and the Emergency Operations Center as part of he NGEN project.

M. Considered a Resolution authorizing the City Administrator to enter into a Mills-Actcontract with Roy and Kim Scheingart for the historic property located at thenortheast comer ofCarpenter Street and Fifth Avenue.

N. Considered a Resolution confirming the City's appointment to the Fort Ord ReuseAuthority (FORA) Board ofDirectors.

0. Considered a Resolution authorizing the City Administrator to amend an existingcontract with Public Consulting Group (PCG) for services related to the finalizationofthe City's 2013 key initiatives; the development of the strategic informationtechnology plan and interactive government projects and related informationtechnology consulting services.

P. Considered a Resolution amending the City's Position Classification and Salary Planby adopting job descriptions and salary schedules/ranges for the Finance Manager,the Human Resources Manager and Project Manager.

Q. Approved fee schedule and terms ofwork for on Odello Water Project.R. Authorized the City Administrator to execute a conflict waiver for Russ McGlothlin

to work on the Odello Water Project.City Administrator Stilwell indicated the description of the Deputy City Clerk was beingpulled; and that the language for item VII (K) regarding the Professional ServicesAgreement with MuniTemps for City Clerk consulting services had been modified toinclude legal language that the City Attorney had recommended and which MuniTempshas incorporated into the agreement.Vice Mayor Talmage asked if Council Members wished to pull any other items or ifmembers of the audience wished to pull any items, seeing none, he entertained a motion toapprove consent calendar items A-0 and Q-R.Council Member Beach requested that in the future on item VII (D), if the informationcould be presented in a different format in tenns of adding headings. City AdministratorStilwell indicated that the format will be changed.She also stated that on item VII (J), she was not clear as to what the quantifiable measuresof compliance are and was seeking feedback on these items; and on item VII (0) shewanted to know more about the extension of the agreement and its status.Vice Mayor Talmage thanked Council Member Beach for agreeing to serve on the FORABoard as the City's representative; and that on item R, the signature block needs to becorrected.Council Member BEACH moved to approve the Consent Calendar items A-0 and O-R as presented with the exception of item VII (P). Motion seconded by CouncilMember HILLYARD and carried unanimously.


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Vice Mayor Talmage opened and closed to public comment at 5:33p.m.

VII. (P) City Administrator Stilwell answered Council's questions.Vice Mayor Talmage reopened the meeting to public comment on this item at 5:42p.m.Barbara Livingston addressed the City Council regarding the Project Managerposition.Vice Mayor Talmage seeing no additional speakers, closed the meeting to publiccomment at 5:47p.m.Council Member HILLYARD moved to approve item VII (P) with the exceptionof the Deputy City Clerk job description, which is to come back to the CityCouncil for approval. Motion seconded by Council Member BEACH and carriedunanimously.

VIII. ORDERS OF COUNCILA. Received water settlement agreement update.

Vice Mayor Talmage provided a brief overview of the water settlement agreement.Vice Mayor Talmage opened the meeting to public comment at 6:02p.m.Barbara Livingston thanked those working on this issue for Carmel.Erl Lagerholm also thanked the Council for the work on this item and thanked ViceMayor Talmage for his report.Vice Mayor Talmage seeing no additional speakers, closed the meeting to publiccomment at 6:03 p.m.

B. Received Marketing Plan and Report from the Marketing Coalition.City Administrator Stilwell provided an overview and introduced Jeff Burghardt, theCity's marketing consultant who provided a detailed report.The marketing report continued with presentations from the following coalitionpartners: 1) Monta Potter and Safarina Maluki, representing the Carmel Chamber ofCommerce the Hospitality Improvement District; 2) Christine Sandin, ExecutiveDirector of the Sunset Cultural Center, Inc.; and 3) Tammy Blount, President andCEO of the Monterey County Convention and Visitors Bureau.

Vice Mayor Talmage opened the meeting to public comment at 7:32p.m.


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Barbara Livingston expressed concerns that none of the presentations mentionedanything about ecotourism packages. Stated that the new website is terrific; and thatthe marketing plan should consider branding the "Village in the Forest by the Sea"and include beach fire information.Jeff Burghardt addressed Barbara Livingston 's concerns.Vice Mayor Talmage seeing no additional speakers, closed the meeting to publiccomment at 7:46. He then opened the meeting again to public comment at 7:46p.m.Roberta Miller inquired as to whether or not the independent theaters are alsoincluded in this marketing plan.Vice Mayor Talmage seeing no additional speakers, closed the meeting to publiccomment at 7:48 p.m.

A short break had been scheduled. Items after break will not start before 6:30 p.m.The City Council recessed the meeting for a short break at 7:49p.m . and reconvenedthe meeting at 8:02 p.m.

C. Considered a Resolution establishing land-use categories for water allocation andassigning water amount to each category.March Wiener, Interim Senior Planner, presented the staff report.Vice Mayor Talmage opened the meeting to public comment at 8:04 p.m.Barbara Livingston addressed Council.Vice Mayor Talmage seeing no additional speakers, closed the meeting to publiccomment at 8:07 p.m.Council Member THEIS moved to approve a Resolution establishing land-usecategories for water allocation and assigning water amounts to each category.Motion seconded by CouncilMember BEACH and carried unanimously.

D. Considered a use permit application; water allocation Resolution; and certification ofan initial study/negative declaration for the establishment of an event center at a sitelocated in the Service Commercial (SC) District.Vice Mayor Talmage and City Attorney Freeman both recused themselves from thediscussion and left the dais because they live by and own property within 500 feet ofsubject property. Council Member Hillyard chaired the meeting for the duration of thepublic hearing.Marc Wiener, Interim Senior Planner, presented staffreport.


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Marc Wiener, Senior Planner addressed Council questions and provided furtherclarification on the code and its requirements.Fred Kern, the applicant representing the Event Center, answered Council's questionsrelative to the existing and original condition of the building.Chair Pro Tern Hillyard opened the meeting to public comment at 8:40p.m.Roberta Miller addressed Council.Chair Pro Tern Hillyard seeing no additional speakers, closed the meeting to publiccomment at 8:49 p.m.Council Member BEACH moved to adopt findings. Motion seconded by CouncilMember THEIS and carried unanimously.Council Member Theis stated that we need to change whereas at top of 398 and #3sufficient water for the project (approximately .551 acre feet).Chair Pro Tern Hillyard opened the meeting to public comment at 9:00 p.m.Fred Kern, the applicant for the project, addressed the City Council and answeredadditional questions.Chair Pro Tern Hillyard seeing no additional speakers, closed the meeting to publiccomment at 9:02 p.m.Council Member THEIS moved to approve changes to the "whereas" at the top of398 and #3 of the conditions to read sufficient water for the project (approximately.551 acre feet).Motion seconded by Council Member BEACH and carriedunanimously.Fred Kern addressed the City Council's concerns.In summary, on page 394 type #3, prohibit retail events lasting longer than one week#6. On # 7 applicant shall make a schedule of events available on-line and provide tothe City upon request; and on #13 shall be minor in nature and maintain thearchitectural language and integrity of the building and shall require written approval.Chair Pro Tern Hillyard opened the meeting to public comment at 9:16p.m.Mr. Kern applicant stated addressed additional Council's questions.Chair Pro Tern Hillyard seeing no additional speakers, closed the meeting to publiccomment at 9:17p.m.Council Member BEACH moved to adopt findings of fact with changes #5 andenvironmental findings and special conditions 3, 6, 7, 13 and 15 changes; andchange #5 on page 392 to .551 acre feet. Motion seconded by Council MemberTHEIS and carried unanimously.


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Following the vote, Vice Mayor Talmage and City Attorney Freeman returned to thedais at 9:18p.m.E. Reviewed and provided direction to staff regarding proposed City Council Reporttemplate.

Heidi Burch, Assistant City Administrator, presented the staff report.Vice Mayor Talmage opened and closed the meeting to public comment at 9:25p.m.Direction was given to staff.

F. Adopted Ordinance No. 2013-04 amending Municipal Code Sections 17.42 and 17.43to revise requirements pertaining to the prevention of Storm Water Pollution. (SecondReading).Marc Wiener, Interim Senior Planner, presented the staff report.Vice Mayor Talmage opened and closed the meeting to public comment at 9:27p.mCouncil Member HILLYARD moved to adopt Ordinance No. 2013-04 amendingMunicipal Code Sections 17.42 and 17.43 to revise requirements pertaining to theprevention of Storm Water Pollution. Motion seconded by Vice MayorTALMAGE and carried unanimously.

G. Adopted Ordinance No. 2013-05 amending Municipal Code sections 12 .28.060,12.28.180, 12.28.350, 17.48.060 and 17.48.080 pertaining to tree removal permitrequirements.Sharon Friedrichsen, Public Services Director, presented the staff report.Vice Mayor Talmage opened and closed the meeting to public comment at 9:30 p.mCouncil Member HILLYARD moved to adopt Ordinance No. 2013-05 amendingMunicipal Code Sections 12.28.060, 12.28.180, 12.28.350, 17.48.060 and 17.48.080pertaining to tree removal permit requirements. Motion seconded by CouncilMember BEACH and carried unanimously.

H. Considered an Ordinance adopting and incorporating by reference Ordinance No. 5200of the County of Monterey, relating to the licensing of tobacco retailers. (FirstReading).Marc Wiener, Interim Senior Planner, presented the staff report and introducedGonzalo Coronado of the Monterey County Health Department Tobacco ControlProgram to further brief the City Council.Vice Mayor Talmage opened the meeting to public comment at 9:40p.m


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Dale Hillard, Chair of the Anti-Tobacco Coalition of Monterey County providedadditional comments on the subject.Vice Mayor Talmage seeing no additional speakers, closed the meeting to publiccomment at 9:44 p.m.Vice Mayor Talmage reopened the meeting to public comment at 9:50 p.m.Mr. Coronado made several more comments to answer Council's questions relative tothe enforcement and purpose of the ordinance.Vice Mayor Talmage seeing no additional speakers, closed the meeting to publiccomment at 9:51 p.m.Council Member BEACH moved to adopt Ordinance 5200 ofCounty of Monterey,relating to the licensing of tobacco retailers. (First Reading). Motion seconded byCouncil Member THEIS and carried by the following vote:AYES: COUNCIL MEMBERS:NOES: COUNCIL MEMBERS:ABSENT: COUNCIL MEMBERS:ABSTAIN: COUNCIL MEMBERS:

IX. FUTURE COUNCIL AGENDA ITEMS

BEACH, THEIS AND TALMAGEHILLYARDBURNETTNONE

Received and filed the Council agenda forecast.PG & E item and future workshops added to the long-range forecast.Vice Mayor Talmage opened and closed the meeting to public comment at 9:57p.m.

X. ADJOURNMENTVice Mayor Talmage declared the meeting adjourned at 9:57 p.m.Respectfully submitted, ATTEST:

Heidi Burch, City Clerk Ken Talmage, VICE MAYOR

minutes city council 08-06-13

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